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Top 10 Issues: Debtor Companies and Customers of Debtor Companies Eric Schultenover Waller Lansden Dortch & Davis, LLP

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Presentation on theme: "Top 10 Issues: Debtor Companies and Customers of Debtor Companies Eric Schultenover Waller Lansden Dortch & Davis, LLP"— Presentation transcript:

1 Top 10 Issues: Debtor Companies and Customers of Debtor Companies Eric Schultenover Waller Lansden Dortch & Davis, LLP Kevin W. Crumbo Kraft CPAs – Turnaround & Restructuring Group

2 Top 10 Issues for Customers of Debtor Companies 1. Continuity of Supply

3 Top 10 Issues for Customers of Debtor Companies 2. Support or Resource?

4 Top 10 Issues for Customers of Debtor Companies 3. Support – How to Support –Enhance credit to Supplier –Purchase plants or operations from Supplier –Debtor in possession financing What is it? Credit Bid

5 Top 10 Issues for Customers of Debtor Companies 4. Support – Where to Support –Inside of Bankruptcy –Outside of Bankruptcy Access Agreements Segregation and Tagging of Tools, Equipment, Capital, Inventory, Raw Tooling Acknowledgements Purchase options

6 Top 10 Issues for Customers of Debtor Companies 5. Support – When to Support –Cost-benefit analysis –Viable restructuring opportunity? Is this merely a financial issue or is it structural and operational

7 Top 10 Issues for Customers of Debtor Companies 6. Resource – Ability to Resource (long-term “executory” contract v. no contract) –Has there been a breach? –Lead time for resourcing? –Treatment of Executory Contracts in Bankruptcy

8 Top 10 Issues for Customers of Debtor Companies 7. Resourcing Assistance – What do you need? –Access –Tools, Equipment, WIP, Raw –Support –Intellectual Property

9 Top 10 Issues for Customers of Debtor Companies 8. Anti-trust

10 Top 10 Issues for Customers of Debtor Companies 9. Customer programs and warranty issues during bankruptcy case

11 Top 10 Issues for Customers of Debtor Companies 10. Speed

12 Top 10 Issues for Debtor Companies 1. Restructure or Liquidate

13 Top 10 Issues for Debtor Companies 2. Pre-bankruptcy planning –Preserve cash –Build inventory –Engage primary creditors (typically secured) –Arrange DIP financing –Consider pre-packaged bankruptcy Often financial restructuring

14 Top 10 Issues for Debtor Companies 3. Liquidate- Orderly wind down or Chapter 7?

15 Top 10 Issues for Debtor Companies 4. Financing –Debtor-in-possession financing

16 Top 10 Issues for Debtor Companies 5. Trade Creditors and Customers –Critical vendors –Customer programs

17 Top 10 Issues for Debtor Companies 6. Chapter 11 - Sale as a going concern or plan of reorganization?

18 Top 10 Issues for Debtor Companies 7. Sale – 363 sale process

19 Top 10 Issues for Debtor Companies 8. Plan of Reorganization under 1129

20 Top 10 Issues for Debtor Companies 9. Employees – Collective Bargaining Agreement?

21 Top 10 Issues for Debtor Companies 10.Exit Issues –Exit financing –Customer issues – warranty claims


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